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Articles 1 - 30 of 52
Full-Text Articles in Law
Contracts, Copyright And Preemption In A Digital World, I Trotter Hardy
Contracts, Copyright And Preemption In A Digital World, I Trotter Hardy
Richmond Journal of Law & Technology
Copyright is designed to provide some form of protection against unauthorized use of original informational materials. The rapid shift of information production and distribution to electronic form, with its corresponding ease of copying, naturally makes copyright-dependent industries nervous. Much talk in the news and on the "net" these days is about the future of copyright law, a law developed in an age of print and now perhaps too tied to that medium to have ready application to today's information technology.
Letter From The Editor, Richard P. Klau
Letter From The Editor, Richard P. Klau
Richmond Journal of Law & Technology
Over the last eight months, several people have asked why we decided to publish The Journal exclusively online. These concerns are not insignificant -- any embrace of a new technology should be made without blinders on. We were excited by the possibilities of publishing online, but the fears that we would not be taken seriously were very real. These fears have, however, been overcome by the enthusiasm which has greeted The Journal.
Overreaching Provisions In Software License Agreements, Michael Liberman
Overreaching Provisions In Software License Agreements, Michael Liberman
Richmond Journal of Law & Technology
Historically, software license agreements emerged as the most popular means of protection of proprietary rights in computer software. As a common form of contract and trade secret protection, software licenses coexist with other forms of intellectual property rights such as patent and copyright. The importance of these forms of protection has recently increased. Where the licensor fails to consider the implications of the relation between these forms of protection, the licensor's attempts to maximize contractual protection while restricting the licensee's activities regarding the licensed software may result in overreaching. Under these circumstances, a court may invalidate the license agreement in …
Apple V. Microsoft: Virtual Identity In The Gui Wars, Joseph Myers
Apple V. Microsoft: Virtual Identity In The Gui Wars, Joseph Myers
Richmond Journal of Law & Technology
The company that controls the interface of the next major operating system will have the ability to set the standards for application software. It was not surprising that Apple Corporation began its fight to stop Windows from being that major operating system after Microsoft Corporation introduced the various versions of its Windows software and announced plans for this program to replace the already widely selling DOS operating system. Unfortunately, Apple chose to conduct this war on the complex and often confusing battleground of copyright law, which ultimately proved to be its downfall.
Welcome To The Journal, David R. Johnson
Welcome To The Journal, David R. Johnson
Richmond Journal of Law & Technology
I applaud your decision to visit the Richmond Journal of Law & Technology. If you are a newbie, Welcome to Cyberspace! If a seasoned net surfer, then you fully appreciate that the number and complexity of the legal issues facing the net is growing every day.
Lawfutures, Or, Will You Still Need Me, Will You Still Feed Me, When I'M Sixty Four?, Stephen T. Maher
Lawfutures, Or, Will You Still Need Me, Will You Still Feed Me, When I'M Sixty Four?, Stephen T. Maher
Richmond Journal of Law & Technology
I cannot imagine what it was like to practice law without a photocopy machine. In the first years of my practice, I received a few briefs typed the old fashioned way, on onion-skin paper with five sets of carbons in between. But since then, we have witnessed a continuing march of progress in information processing. From the mag card, to the memory typewriter, to the System 6, to the dedicated word processor, to the personal computer and now to the computer network, we have seen technology, when working correctly, providing tremendous assistance in meeting the demands of our busy lives. …
Trademarks Along The Infobahn: A First Look At The Emerging Law Of Cybermarks, Dan L. Burk
Trademarks Along The Infobahn: A First Look At The Emerging Law Of Cybermarks, Dan L. Burk
Richmond Journal of Law & Technology
Use of the global Internet computer network is rising exponentially. As Internet subscription increases disagreements between users are expected to arise, just as where any sizeable number of human beings interact, disagreements may be expected to arise. To date, on-line disputes have been primarily dealt with via informal solutions, such as the polite conventions of "netiquette" shared by Internet users. However, as the community of Internet users grows increasingly diverse, formal dispute resolution mechanisms, embodied as law and legal institutions, may be called upon by the parties to resolve disagreements. For example, several acrimonious disputes have already arisen over the …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Participatory Government And Communal Property: Two Radical Concepts In The Virginia Charter Of 1606, Finbarr Mccarthy
Participatory Government And Communal Property: Two Radical Concepts In The Virginia Charter Of 1606, Finbarr Mccarthy
University of Richmond Law Review
On April 26, 1607, about one hundred English men landed on the Atlantic shore of North America near Jamestown, Virginia. There they established the foundation for what would become the first permanent English colony in America. These men, and the men and women who followed in the next decade, left as their legacy a society that combined a rudimentary form of popular government with a system of private property. But these settlers established that society only after conducting seventeen turbulent years of social experiments. Had those experiments conducted in that Virginia swamp turned out differently, we might now live under …
Risk And Regulation: How Much Is Too Much?, Peter H. Kostmayer
Risk And Regulation: How Much Is Too Much?, Peter H. Kostmayer
University of Richmond Law Review
The Emroch Lecture series was established through the generosity of the late Mr. Emanuel Emroch, his wife Bertha, and other family members and friends. Mr. Emroch held both undergraduate and law degrees from the University of Richmond. He was a distinguished civil trial practitionerin the City of Richmond for many years. Mr. Emroch was listed in Best Lawyers of America, was a Fellow of the International Academy of Trial Lawyers, and of the American College of Trial Lawyers, and was a charter member and past president of the Virginia Chapter of the American Board of Trial Advocates. He was also …
Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts
Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts
University of Richmond Law Review
In this era of deregulation, streamlining, and government reform, the voices of state government often ring out the philosophy of "no stricter than federal law" when discussing environmental initiatives. The argument that federal minimums can serve as a minimalistic, one-size-fits-all framework for environmental protection not only contradicts the same voices' arguments for flexibility and site-specific solutions, but also ignores the reality that federal minimums alone simply cannot and will not restore our waters, conserve our land, or protect our air.
Annual Survey Of Virginia Law: Business And Corporate Law, Katherine Ennis Wychulis, David S. Haddock Ii
Annual Survey Of Virginia Law: Business And Corporate Law, Katherine Ennis Wychulis, David S. Haddock Ii
University of Richmond Law Review
This article reviews recent developments in the law affecting Virginia businesses and corporations. Part II discusses recent judicial decisions in Virginia courts involving businesses and corporations. Part III discusses several acts of the 1995 session of the Virginia General Assembly that amend Virginia's corporate, partnership, limited liability company and securities act statutes.
From Kepone To Exxon Valdez Oil And Beyond: An Overview Of Natural Resource Damage Assessment, Danielle Marie Stager
From Kepone To Exxon Valdez Oil And Beyond: An Overview Of Natural Resource Damage Assessment, Danielle Marie Stager
University of Richmond Law Review
In July 1975, officials from the Virginia State Department of Health learned that employees of the Life Science Product Company ("Life Science"), in Hopewell, Virginia, had been poisoned by a toxic chemical known as Kepone. Life Science had produced Kepone under contract for Allied Chemical Corporation ("Allied Chemical"), the original developer and manufacturer. Shortly thereafter, state officials discovered that both Life Science and Allied Chemical had unlawfully discharged Kepone into freshwater tributaries of the James River. In addition to poisoning their own employees, Life Science and Allied Chemical had also contaminated Virginia's atmosphere, soil, and wa- terways with Kepone.
Annual Survey Of Virginia Law: Insurance Law, E. Lewis Kincer Jr.
Annual Survey Of Virginia Law: Insurance Law, E. Lewis Kincer Jr.
University of Richmond Law Review
The Supreme Court of Virginia has recently decided several significant cases in the insurance realm. The court has been most active, at least in number of cases, in the field of uninsured [UM] and underinsured motorist [UIM] coverages, followed closely by decisions affecting automobile liability insurance policies. Although no clearly discernable trend appears to have been established by the court's insurance decisions in the past year, several observations may be made of the cases, as well as the court's general philosophy of judicial interpretation of insurance policies. "An insurance policy is a contract; therefore, we give the words used in …
Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer
Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer
University of Richmond Law Review
The past year has been an active one for the Virginia courts and General Assembly in the areas of criminal law and procedure. Developments include cases regarding the allowance of expert assistance to indigent criminal defendants and a defendant's right to a new trial based on after-discovered evidence. Driving under the influence [DUI] defendants are no longer entitled to their choice of a blood or breath test as a function of the implied consent law, and for felons convicted of committing an offense after December 31, 1994, parole is no longer an option. This article surveys these and other legislative …
Foreword, Christopher N. Crowe
Foreword, Christopher N. Crowe
University of Richmond Law Review
The University of Richmond Law Review is pleased to present the second annual Allen Chair Symposium issue. The editorial board hopes that this special issue of the Law Review contributes to the national and international discourse on the state of human rights law.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the Index for Volume XXIX.
The United States Supreme Court's Expansive Approach To The Federal Arbitration Act: A Look At The Past, Present, And Future Of Section 2, Preston Douglas Wigner
The United States Supreme Court's Expansive Approach To The Federal Arbitration Act: A Look At The Past, Present, And Future Of Section 2, Preston Douglas Wigner
University of Richmond Law Review
The Federal Arbitration Act ["FAA"] was enacted in 1925 to ensure the validity and enforcement of arbitration agreements in contracts involving maritime transactions or interstate commerce. Intending the Act to be a simple method by which an opportunity would be given to enforce written arbitration agreements, Congress enacted what has become a confusing and controversial statute. Because of the absence of an in-depth discussion regarding the scope and applicability of the Act, Congress placed unintended burdens upon the courts to decipher congressional intent. Of particular concern to the courts was the authority by which Congress enacted the FAA.
Clinging To History: The Supreme Court (Mis)Interprets Federal Rule Of Evidence 801(D)(1)(B) As Containing A Temporal Requirement, Christopher A. Jones
Clinging To History: The Supreme Court (Mis)Interprets Federal Rule Of Evidence 801(D)(1)(B) As Containing A Temporal Requirement, Christopher A. Jones
University of Richmond Law Review
The adoption of the Federal Rules of Evidence (the Rules) resulted in a more liberal standard for the admission and use of various forms of evidence. For example, the Rules altered the definition of "relevant evidence" increasing the scope of evidence that can be presented to a jury. Also, the Rules per- mit prior inconsistent statements to be admitted as substantive evidence rather than for impeachment purposes only. The Advisory Committee enunciated these changes, and other changes resulting from the adoption of the Rules, in their notes accompanying the Rules.
Allied Chemical, The Kepone Incident, And The Settlements: Twenty Years Later, Robert R. Merhige Jr., Manning Gasch Jr., William B. Cummings, Robert H. Sand, Robert B. Smith Iii, W. Wade Berryhill
Allied Chemical, The Kepone Incident, And The Settlements: Twenty Years Later, Robert R. Merhige Jr., Manning Gasch Jr., William B. Cummings, Robert H. Sand, Robert B. Smith Iii, W. Wade Berryhill
University of Richmond Law Review
Twenty years ago this July the happenings at a small chemical plant in Hopewell, Virginia ushered in what has since become an incident of national impact and importance. Through the prosecution of criminal cases, the filing of civil personal injury suits and the closing of the James River to fishing, the release of the chemical from the Kepone manufacturing process gained national attention.
Annual Survey Of Virginia Law: Campaign And Election Law, Claudia T. Salomon
Annual Survey Of Virginia Law: Campaign And Election Law, Claudia T. Salomon
University of Richmond Law Review
This is the first year the University of Richmond Law Review has surveyed recent developments in Virginia's campaign and election laws. Thus, this article provides a general overview of the laws governing state and local candidates concerning (1) qualifications for candidacy, (2) campaign finance, and (3) campaign and election misconduct.
Annual Survey Of Virginia Law: Domestic Relations, Deanna D. Cook
Annual Survey Of Virginia Law: Domestic Relations, Deanna D. Cook
University of Richmond Law Review
It is well known that non-conforming payments or overpayment of support will not entitle a payor spouse to future credit against his obligations. This continues to be the rule in Virginia. In the case of Sanford v. Sanford, the Virginia Court of Appeals reversed the trial court's decision to credit excess spousal support payments made by the husband against his future obligations. The husband agreed to pay spousal support pursuant to a property settlement agreement, which was incorporated into the parties' final divorce decree. The husband was then terminated by his employer, but he received one year severance pay. Based …
Priority Of Invention In United States Patents: From The Paris Convention To Gatt, John F. Carroll Iv
Priority Of Invention In United States Patents: From The Paris Convention To Gatt, John F. Carroll Iv
Richmond Journal of Law & Technology
Imagine the following: It's New Year's Eve, 1994, and as twilight falls you start to clean off your desk and get ready to go home. On top of your "Out" tray is a copy of a patent application for American Corporation that you filed with the Patent and Trademark Office last week. A-Corp., one of your largest clients, is the nation's largest manufacturer of business office furniture. The patent application is for A-Corp's new "Security Cabinet," a device that protects sensitive computer disks and video- tapes from electromagnetic contamination. The Security Cabinet was unveiled at an office supply trade show …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
"Dancing In The Courthouse": The First Amendment Right Of Access Opens A New Round, Eugene Cerruti
"Dancing In The Courthouse": The First Amendment Right Of Access Opens A New Round, Eugene Cerruti
University of Richmond Law Review
Shortly after World War II, concern mounted over the government's ability and tendency to institutionalize secrecy in government. The initial concern was with the anti-communist sleuthing of various legislative bodies which dramatized the power of secretly held information to control the public agenda of both domestic and foreign policy debate. From this emerged the call for a more "open" government and the political claim that the electorate had a "right to know"' the information acquired and relied upon by government officials. For the press in particular, "access" increasingly became the watchword, the icon, of the new era. The mounting pressure …
Sitting Power Lines In Historic Areas Of Virginia, Amy Leigh Sheridan
Sitting Power Lines In Historic Areas Of Virginia, Amy Leigh Sheridan
University of Richmond Law Review
Historic preservationists in Virginia have a legislative tool to challenge a utility that seeks to erect a power line near a historical area. A public utility seeking approval of a proposed transmission line route must not only obtain a certificate of convenience and necessity pursuant to section 56-265.2 of the Virginia Code, but it must also comply with section 56-46.1 as well. With the passage of section 56-46.1, any interested party has the right to notice and the right to a hearing before the State Corporation Commission (SCC or Commission) when a power line siting decision is pending. Before approving …
Defending Pornography: Free Speech, Sex, And The Fight For Women's Rights, Melvin I. Urofsky
Defending Pornography: Free Speech, Sex, And The Fight For Women's Rights, Melvin I. Urofsky
University of Richmond Law Review
One of the more interesting, and at times more strident, debates in recent years is between a faction of the feminist coalition, proposing new and harsher methods of eliminating pornography and of punishing those who produce and purvey it, and civil libertarians, including many other feminists, who oppose such measures primarily on First Amendment grounds. The debate extends well beyond the cloistered halls of academe, and is far from arcane or hypothetical.
Lesnick V. Hollingsworth & Vose Co. - The Pure Stream Of Commerce No Longer Flows Through The Fourth Circuit, Lori Elizabeth Jones
Lesnick V. Hollingsworth & Vose Co. - The Pure Stream Of Commerce No Longer Flows Through The Fourth Circuit, Lori Elizabeth Jones
University of Richmond Law Review
Personal jurisdiction over nonresidents in a forum state has been problematic in our federal system for quite some time. Today, in order to establish personal jurisdiction over a nonresident defendant, the nonresident must have minimum contacts with the forum state. While the test may be stated succinctly, determining whether a person or corporation has minimum contacts with the forum state is an extremely complex process, as seen in the line of personal jurisdiction cases following International Shoe Co. v. Washington.
Foreword, John M. Holloway Iii
Foreword, John M. Holloway Iii
University of Richmond Law Review
At the question and answer session following the Panel that examined the Kepone litigation twenty years later, Judge Merhige posed the "question that no one has asked... did [I do] the right thing?" The settlement that created the Virginia Environmental Endowment with the contribution from Allied Chemical remains both controversial and innovative today. This Symposium is a product of that settlement and it was created with the hope that we, as citizens and policy-makers, will continue to ask ourselves Judge Merhige's question. We also hope that the State of the Chesapeake Bay Symposium and that the annual Robert R. Merhige, …
Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen
Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen
University of Richmond Law Review
The goal of this panel was to examine the policies formed in the wake of the Kepone incident: the environmental laws, the regulations and policies that are designed to safeguard our natural resources to ensure that incidents such as the Kepone incident do not reoccur and if they do, to hold those responsible for environmental damage accountable for their actions.